With 1.7 million traumatic brain injuries ("TBI") annually in the U.S. and another 200,000 or so in Canada, plaintiffs are now blaming TBI for lack of restraint, disregard for social conventions, impulsivity and poor risk assessment. Plaintiff counsel are now linking hypersexuality, hyperphagia and aggressive outbursts to prior TBI's. Claims for medical monitoring and 24-hour care are proliferating. Trial lawyer Jerry Glas will describe the phenomenon and educate in-house counsel about what to look for, where to find it, and how to explain accountability.

Avoid becoming the next Dunder Mifflin as trial lawyer Nikki Nesbitt reviews employment case law developments and litigation trends. Appellate courts appear to be working overtime issuing opinions affecting the workplace. Nikki will fill us in on recent decisions and best practices.

Balancing an in-house lawyer’s employment rights and duties with his/her ethical and fiduciary obligations of confidentiality. Trial Lawyer Joe Ortego discusses the few decisions in this growing minefield of problems for in-house counsel and their corporate clients.

Companies in all industries are facing increased investigation activity and criminal prosecution in areas ranging from health care fraud to public and private corruption, false claims act cases oftentimes initiated by whistleblower complaints, and money laundering. Increased enforcement scrutiny and a much tighter operating environment intolerant of corporate wrongdoing present continuing problems for in-house counsel. Compliance policies and practices, as well as self-policing can take the sting out and lessen liability. Trial lawyer Jacqui Arango shares best practices for operating in this increasingly anti-business environment and handling federal agents and prosecutors bent on attacking your company.

Mediation is often the last opportunity many trial lawyers have to speak directly to the opposing party prior to trial. How is that time best used? What message should be conveyed? With fewer cases being tried to verdict, mediation has become more important in casting doubt upon your opponent's case while at the same time balancing the economic reality of trial with the potential for resolution on your terms.

Want limited appellate recourse, an uneven playing field, questionable objectivity, lack of transparency, increased costs? Well then, arbitration is for you. Trial lawyer John Worden examines the concessions that corporate litigants make in selecting arbitration over jury trials, including the virtual absence of appellate rights, no opportunities for dispositive motions, routine flaunting of evidentiary rules, and other downsides that increasingly counsel against mandatory arbitration.

Since Daubert, expert witness work is not a free ride. Learn techniques built on decades of experience destroying opposing experts and delivering friendly experts unscathed after cross-examination.

Trial lawyer David King brings new thinking to the old idea that lawsuits must follow a pre-set path. He presents methods that streamlined and successfully resolved scores of cases arising out of common facts, while eliminating duplicative legal presentations and witness testimony, minimizing legal fees and settlement costs, and managing attendant public relations fall-out.

Always funny, often entertaining, trial lawyer Steve Mooney puts humor aside (for a moment) to present some of the best, and worst trial strategies and victories. Funny is an understatement.

Wisconsin, Indiana, Ohio….the list goes on. The AFL-CIO and the big
industrial unions have jumped in, and that raises red flags for the
private sector. Organizing, bargaining, and NLRB litigation now present
new challenges for you.

Unintentional, even superficial use of copyrighted material can land your company in the grease. Ads, webpages, promotional materials, proposals and other company-generated publications are fertile ground for violations as well as declaratory, injunction, enforcement and damage actions. Everything from an Internet site to a song "hook" is fair game.

Companies face increasing scrutiny from regulators, prosecutors and shareholders. Headlines peal out one allegation of corporate wrongdoing after another. Investigations are demanded. Basic but critical questions regarding internal investigations - how to know when an investigation is necessary; who should conduct them; and how should they do it? Is separate counsel is necessary for employees, officers and directors? Should a written report be prepared? Protecting attorney client and other privileges.

Competition for top-level executive talent and their specialized knowledge and information has never been greater. Competitive zeal often crosses the line. Overzealous raiding of competitor's top-level talent poses great risk for companies trying to buy a competitive edge. Companies victimized by raids have options, even when their defecting executives are not bound by traditional non-compete agreements. The line between legitimate and unfair competition can get blurry. Hear some helpful guidance for corporate counsel on both sides of the issue.

Civil conspiracy claims are on the rise in mass tort product liability litigation involving asbestos, breast implants, tobacco, automotive tires and other products, as well as in toxic tort cases. Trade association membership is fueling claims of enterprise liability, conspiracy, concert of action, collusion, fraud, deceptive trade practices and false advertising. Late-joining "conspirators", lack of intentional acts, observers vs. participants, intra-corporate civil conspiracy and the plurality requirement factor into defense strategies. Defense weapons include demands for bills of particulars, motions to dismiss, motions for summary judgment, motions in limine, interrogatories, causal nexus, and a company story separate from the industry story.

Well-rounded defense programs coordinate insurance coverages, data management, national and local counsel roles, legislative efforts, public and press relations re great results and set-backs, national defense groups, and case management orders, among other things. Planning "evergreen" defense programs for suitability in every jurisdiction for all time and especially beyond the lifetimes of employees and other witnesses, coordinating defense strategies with similarly situated defendants, grooming and controlling defense experts, establishing national defense groups with other manufacturers in all jurisdictions, including related products.

Important roles for in-house counsel partnering with trial counsel to prepare company witnesses to testify. Explaining the scope of examination, dealing with credibility issues, admissions, compromising documents. Locking your client into his/her story, protecting against impeachment, finding goblins in your witness' past, and the makings of a good corporate representative. Explaining the format of the testimony, applicable privileges, the importance of objections, responding to questions, and explaining that the lawyer represents the company. Practice run-throughs, pre-dispute document management and retention, litigation holds, ethical considerations, and more.

International commercial lawyer and litigator Luis Perez explains the FCPA, its anti-bribery fines and penalties provisions, discusses DOJ and SEC enforcement trends and addresses some of the ethical considerations facing management and counsel after discovering that a violation has taken place.

Personal use of corporate IT resources has become commonplace and, in some instances, essential for busy employees. If the company has an IT monitoring policy, however, that policy could prevent any privilege from attaching to personal communications from company employees to third parties (attorneys, spouses) that pass through the company's server. Counsel should be aware of the effect these corporate IT policies have (or could have) on evidentiary privileges and, therefore, the scope of discoverable information in various litigation settings.

AFA's can sound good: predictability, discounts, and the outside lawyer gets a guarantee of a certain measure of work. In practice, however, there can be unforeseen consequences, especially when two or more firms are assigned aspects of the same litigation and their fees are constrained by AFA's. Issues include ABA Model Rule 1.5 ("Reasonableness of Fees and Expenses") and its application to "success" fees, the conflict between outside counsel's duties to the client and his/her own financial interest when a fee cap is reached before the matter has concluded, fungibility of services, disparity of effective hourly rates, overloading of firms and load-leveling among firms. Trial lawyer Jean Bertrand will discuss allocation of risk and the attendant ethical conflicts that can arise under several kinds of AFA.

Remembering the "Publico" Aspect of a Lawyer's Obligation to Provide Pro Bono Service -- Trial lawyer Beau Cole explores the background, benefits and ethical underpinnings, of Pro Bono Publico service for in-house and outside counsel; the need for increased public service by the bar in the face of declines in funding for pro bono publico services; the un-met needs of our underprivileged, and benefits to corporate clients from pro bono publico service by its in-house and outside counsel.

Uh oh, where did the opposition get that information about our company? Which misinformed insider has been talking about us on the Internet and creating misinformation that we now need to set straight? In-house counsel need to promulgate policies and spread the word in the workplace about the use of social media by company employees, vendors and professionals to protect the company from unnecessary brush fires that could burn out of control. Ethical limitations on lawyers direct or indirect communication with jurors and parties in litigation, through LinkedIn and Facebook groups, "friending," "liking," posting, etc.

SCOTUS will soon decide if state law failure-to-warn claims against generic drug manufacturers are preempted. Meanwhile, plaintiffs are arguing that pharmaceutical companies should be responsible for inadequacies in the warnings on products sold by generics. Can your company be responsible for the labeling on another company's product? Sound impossible? Trial lawyer Steve Imbriglia will discuss the issue before the Supreme Court, its implications and attempts to expand failure-to-warn liability.

When your company's most knowledgeable witness is a former employee where is the line on compensation, and what can you safely pay for? Trial lawyer Tianna Hill Raby addresses ethical and legal considerations and risks associated with paying such witnesses for time and expenses preparing and testifying. Q: Are you being paid for your testimony here? A: No. I am being paid for my time.

In-house counsel see case management options from a unique perspective -- from within the corporate client. They are at the cross-roads of corporate decision-making, constantly balancing risk appetite with company fiscal pressures. Panelists address situations causing them to keep thinking long after they leave the office for home.

With Discussion By:
Liv Johnson - Coca-Cola Company (Atlanta, GA)
Fern Daves - ITT Corporation (White Plains, NY)
Sue Dyer - HCA (Nashville, TN)
Karen Abbott - IASIS Healthcare (Franklin, TN)
Chris Shaheen - US Bank (Minneapolis, MN)

Trial Lawyer Bruce Friedman addresses in-house counsel's role in the selection, grooming, management and control of testifying and consulting experts, as well as must-do techniques to preserve privileges during and after consulting with those experts.

Veteran trial lawyer Billy Gunn reveals a few of his secrets to trial success, including how he uses jury research, shadow juries and focus groups to measure the effectiveness at trial of his and his opponent's experts, tap into themes that resonate with the selected jury and produce exceptional results for his clients.

AFA's can sound good: predictability, discounts, and the outside lawyer gets a guarantee of a certain measure of work. In practice, however, there can be unforeseen consequences, especially when two or more firms are assigned aspects of the same litigation and their fees are constrained by AFA's. Issues include Model Rule 1.5 ("Reasonableness of Fees and Expenses") and its application to "success" fees, the conflict between outside counsel's duties to the client and his/her own financial interest when a fee cap is reached before the matter has concluded, fungibility of services, disparity of effective hourly rates, overloading of firms and load-leveling among firms. The panel will discuss allocation of risk and the attendant ethical conflicts that can arise under several kinds of AFA.

With Discussion By:
Nicole Bearce Albano - Lowenstein Sandler (Roseland, NJ)
Kevin Schiferl - Frost Brown Todd (Indianapolis, IN)
Michael Troisi - Samsung (Ridgefield Park, NJ)
Marjorie Adams-Franzblau - ADP (Roseland, NJ)
Barbara Ashley - Medtronic (Minneapolis, MN)

The new Consumer Product Safety Information Database will allow for the submittal of "reports of harm" about products believed to be unsafe or hazardous. Information will be public and searchable. Abuse by advocacy groups and plaintiff lawyers is expected. Trial lawyer Robert Thornburg will provide some insights about what companies can and should do.

Often, opportunities present themselves to gain a significant advantage in litigation -- if the lawyer knows the rules and can act quickly to seize the opportunity. Trial lawyer Chandler Bailey will discuss examples of situations where quick and knowledgeable actions can help you get a leg up in the litigation. "If you're going to play the game properly you'd better know every rule." Barbara Jordan (U.S. Representative).

Trial lawyer Bill Cronin will discuss the rights of whistleblowers under Federal law and strategies for dealing with whistleblowers at the work site and in a lawsuit after a charge has been blown.

Crisis management is a necessary competency for all in-house lawyers. Managing successfully in real time through assaults on your corporate brand is mission-critical activity. Increasingly, those assaults come by less than ethical means. Responding in kind is usually not an option. This panel will explore ethical business practices necessary in crisis management.

With Discussion By:
Bruce Batista - Sherwin-Williams (Cleveland, OH)
Sherrie Farrell - Dykema (Detroit, MI)
Michael Driscoll - M&T Bank (Buffalo, NY)
Steve Williger - Thompson Hine (Cleveland, OH)
Josh Keller - Deutsch Kerrigan & Stiles (New Orleans, LA)

Predictability, efficiency and value are the watchwords on nearly every in-house counsel's mind as we plan for the year ahead. With litigation costs consuming a large portion of most legal budgets, it has become increasingly important to hone your skills on how to effectively assess, set and manage case budgets for litigation matters. Yet with so many variables and unknowns at play, this often proves to be a difficult skill to master.

With Discussion By:
Cynthia Abbott - Motorola (Schaumburg, IL)
Craig White - Wildman Harrold (Chicago, IL)
James Fiffer - Equity Residential (Chicago, IL)
Bill Abrams - Bingham McCutchen (East Palo Alto, CA)

In-house and outside counsel discuss law departments' and law firms' responses to the changing legal marketplace, ratcheting regulatory environment and continuing expansion of litigation as individual and corporate plaintiffs seek additional pockets to fund basic needs, find bailouts.

With Discussion By:
John Letchinger - Wildman Harrold (Chicago, IL)
Arthur Molins - Lufthansa German Airlines (East Meadow, NY)
Kara Ong - AT&T Mobility (Atlanta, GA)
Victor Leo - Eaton Corporation (Cleveland, OH)
Livingstone Johnson - Coca-Cola (Atlanta, GA)

Trial lawyer Jeff Parsons discusses the critical importance of effective storytelling in winning the hearts and minds of a jury.  Topics include the elements of an effective story, the identification and use of themes, testing your story through jury science, and strengthening your story through effective demonstrative evidence.  See how effective storytelling can turn complex cases into simple disputes and hard-to-win cases into victories.

Elections have consequences, and the November 2 national elections in the U.S. could impact employers in many important ways. The status quo may remain largely in place, or we could see significant changes. In-house counsel will want to be prepared to advise their corporate clients as to the changing legal and political landscape. John Entenman will offer a to-do roadmap for employers to consider.

In-house counsel are facing unprecedented legal risks posed by increased regulation and changing legislation. Trial lawyer Scott O'Connell will provide practical tips to in-house counsel to position themselves appropriately while dealing with ethical, reputational and compliance issues.

Increased licensing requirements specifically addressing in-house counsel are causing the attorney-client privilege and work product doctrine to come under review. Trial lawyer Jim Miller will examine the basis for the privilege and doctrine for in-house lawyers, survey challenges and suggest best practices to afford protection to attorney-client communications and work product.

Do's and don'ts in performing the General Counsel's role; protecting confidentiality, work product, and common interests; use of joint defense agreements; risks of cover ups, the crime-fraud exception and obstructions of justice; the Upjohn template; disclosures in, up and out under Model Rule 1.13 and Sarbanes-Oxley; and the effective use of Audit Committees and QLCCs.

A potpourri of sticky situations facing in-house counsel and what to do about them. Lessons learned from the options backdating debacles, to former in-house counsel turned whistleblower and discovery sanctions.

With Discussion By:
Gregory Thiess - Robert Bosch (Broadview, IL)
Steve Imbriglia - Gibbons (Philadelphia, PA)
Overton Thompson - Bass Berry & Sims (Nashville, TN)

Even heavily experienced litigation managers pay particular attention to catastrophic losses. Cases that can draw attention to the company and to in-house counsel, and affect stock price, and company sales and reputation, always merit extra focus. Early detection and valuation are critical, and a team approach is often required. Recognizing who is on that team, and what their interests are will go a long way to achieving a successful result.

In-house counsel should not be caught flat-footed when the government commences a criminal investigation into a company's business. An effective response can help achieve a favorable result for the client and its officers, directors and employees, as well as for the in-house lawyer. Hear about examples from real-world corporate criminal investigations. VIEW

Zubulake Revisited: Six Years Later -- Described as an ugly picture of the consequences of failure to comply with discovery obligations, explore Pension Committee, etc., the latest blockbuster decision in e-Discovery and what it means for in-house counsel and their trial lawyers. And now, Rimkus v. Cammarata, a view from outside the SDNY. VIEW

Where is the boundary when an in-house lawyer or trial lawyer's comments about the judiciary move from speech protected by the First Amendment to sanctionable conduct subject to fines, bar complaints, or jail time? VIEW

IWhat's ahead? More of the same or none of the same? Here's how trial lawyers see the future and how they're adapting to cope with it. VIEW

Putting all your eggs in one basket is usually not a good idea. Can it be different for all of your litigation of a given kind? Pros and cons of MDL consolidation, potential advantages and possible pitfalls. VIEW

Following a catastrophic event, the feds are heading your way. They are not coming to help you. The government's agenda may be different from yours, and its findings of fact can be admissible in evidence. Suggested proactive approaches to reduce collateral damage from the investigation and lessen the likelihood of becoming a target. And, when the worst happens, how to keep the government's report away from the jury. VIEW

IComplying with U.S. discovery requirements in domestic litigation and also in the face of limitations imposed by foreign jurisdictions can be challenging and dangerous, but it is an inescapable part of a company's litigation reality. This panel of experts will discuss processes and policies to help clients successfully navigate those treacherous waters and ensure successful outcomes in sanctionable discovery disputes. VIEW

Company operations will be significantly disrupted by prosecutors around the world who are actively enforcing international trade laws (anti-corruption, export control, etc.) and using "sting operations" to snare violators. In-house counsel whose companies do business abroad must put in place an international trade law compliance program before an employee phones from the lock-up facing criminal and civil process. Learn how to avoid international trade law enforcement stings. VIEW